Researching any info re: Paul Cunningham, Competition Cobra privateer

[1ntCobra]

Originally Posted by mrmustang

In PA I went straight for the title using the Sections 3352(c) and 3353(c) of the Vehicle Code, once the police sent notice (no charge to me) to the last known owner, I can't remember the length of time required, but I could go to the local notary after summary judgement of the abandonment (again, no cost to me) and it was something like $20-$40 for me to apply for the title. Considering the price of metal at that time, I was always guaranteed to turn a profit. My tag shop of preference was not that far from the shop, and was always open late during the week. The loved me as my paperwork was always pre printed, and correct for whatever I was doing. No fuss, review, stamp, make a payment, and the titles showed up in the mail two weeks later. You've been to my old shop, I always had room for another abandoned car

Bill S.

Anyway my point is here that a shop, like yours or Shelby American does not just hold onto a car without trying to get a hold of the owner. The shop will be contacting the owner if the car appears to be abandoned. In MrMustang's case would you wait 4 months before trying to get the title? I am not sure MrMustang would be that patient, but apparently Shelby American was that patient. The letter says that they contacted the DMV, they know who the legal owner is and wanted to pursue a mechanics lien. It appears that the letter was probably to a lawyer. That seems like Shelby American is dotting their i's and crossing their t's to make sure that they can dispose of the wreck without any legal problems later. The wreck in 1967 was in as crashed condition. Shelby American was not removing parts before sending the wreck to the junk yard probably to get full scrap value for it. Keep in mind it is much simpler to call up the owner periodically to ask them to pick up the wreck than to get a lawyer involved. So when Michael is saying that his family was never contacted by Shelby about getting the wreck back, it would appear to me that if his mom is the legal owner, she is ignoring the calls and letters from Shelby, OR his family is not the legal owner of the car as found out by Shelby through the DMV. Is it possible that the DMV had a mix up and told Shelby American the wrong name and contact for the legal owner? That sounds unlikely if Shelby American contacted the bank, about the loan for CSX2049 as that would have confirmed the name and contact of the legal owner.

It is also a bit odd that Michael did not make an effort to go over to Shelby American after a week or less and ask to get the wreck back himself, but maybe he is busy dealing with a distraught mother who needs to deal with a funeral and settling an estate. Still is Michael just going to go for months or more without asking Shelby American are they done with the wreck yet?

Anyway if Shelby American got the mechanics lien and sent the wreck to a junk yard, the wreck became the property of Shelby American and then the property of the junk yard. In that case if Paul was the legal owner at the time of the crash, the Cunningham family was no longer the legal owner after the mechanics lien went through.

[USC_COWBOY]

Originally Posted by 1ntCobra

Anyway my point is here that a shop, like yours or Shelby American does not just hold onto a car without trying to get a hold of the owner. The shop will be contacting the owner if the car appears to be abandoned. In MrMustang's case would you wait 4 months before trying to get the title? I am not sure MrMustang would be that patient, but apparently Shelby American was that patient. The letter says that they contacted the DMV, they know who the legal owner is and wanted to pursue a mechanics lien. It appears that the letter was probably to a lawyer. That seems like Shelby American is dotting their i's and crossing their t's to make sure that they can dispose of the wreck without any legal problems later. The wreck in 1967 was in as crashed condition. Shelby American was not removing parts before sending the wreck to the junk yard probably to get full scrap value for it. Keep in mind it is much simpler to call up the owner periodically to ask them to pick up the wreck than to get a lawyer involved. So when Michael is saying that his family was never contacted by Shelby about getting the wreck back, it would appear to me that if his mom is the legal owner, she is ignoring the calls and letters from Shelby, OR his family is not the legal owner of the car as found out by Shelby through the DMV. Is it possible that the DMV had a mix up and told Shelby American the wrong name and contact for the legal owner? That sounds unlikely if Shelby American contacted the bank, about the loan for CSX2049 as that would have confirmed the name and contact of the legal owner.The car was not purchased for street use (not involving the DMV), it was always trailered and was probably not financed through the normal channels

It is also a bit odd that Michael did not make an effort to go over to Shelby American after a week or less and ask to get the wreck back himself, but maybe he is busy dealing with a distraught mother who needs to deal with a funeral and settling an estate.Yes, I had my hands full. Still is Michael just going to go for months or more without asking Shelby American are they done with the wreck yet? I had no idea how long Shelby would be in examining the car, it was a total and at that time I didn't have any idea of it(the wreck) being valuable, and in the bigger picture I had just lost my dad, my mother was a mess, a 6 year old half-sister, a drunken uncle and an air-head aunt. Pretty much on my own as a newly drafted male head of household.

Anyway if Shelby American got the mechanics lien and sent the wreck to a junk yard, the wreck became the property of Shelby American and then the property of the junk yard. In that case if Paul was the legal owner at the time of the crash, the Cunningham family was no longer the legal owner after the mechanics lien went through.

So when Michael is saying that his family was never contacted by Shelby about getting the wreck back, it would appear to me that if his mom is the legal owner, she is ignoring the calls and letters from Shelby, OR his family is not the legal owner of the car as found out by Shelby through the DMV. Is it possible that the DMV had a mix up and told Shelby American the wrong name and contact for the legal owner? That sounds unlikely if Shelby American contacted the bank, about the loan for CSX2049 as that would have confirmed the name and contact of the legal owner.The car was not purchased for street use (not involving the DMV), it was always trailered and was probably not financed through the normal channels

It is also a bit odd that Michael did not make an effort to go over to Shelby American after a week or less and ask to get the wreck back himself, but maybe he is busy dealing with a distraught mother who needs to deal with a funeral and settling an estate.Yes, I had my hands full. Still is Michael just going to go for months or more without asking Shelby American are they done with the wreck yet? I had no idea how long Shelby would be in examining the car, it was a total and at that time I didn't have any idea of it(the wreck) being valuable, and in the bigger picture I had just lost my dad, my mother was a mess, a 6 year old half-sister, a drunken uncle and an air-head aunt. Pretty much on my own as a newly drafted male head of household.

[1ntCobra]

Originally Posted by USC_COWBOY

So when Michael is saying that his family was never contacted by Shelby about getting the wreck back, it would appear to me that if his mom is the legal owner, she is ignoring the calls and letters from Shelby, OR his family is not the legal owner of the car as found out by Shelby through the DMV. Is it possible that the DMV had a mix up and told Shelby American the wrong name and contact for the legal owner? That sounds unlikely if Shelby American contacted the bank, about the loan for CSX2049 as that would have confirmed the name and contact of the legal owner.The car was not purchased for street use (not involving the DMV), it was always trailered and was probably not financed through the normal channels

It is also a bit odd that Michael did not make an effort to go over to Shelby American after a week or less and ask to get the wreck back himself, but maybe he is busy dealing with a distraught mother who needs to deal with a funeral and settling an estate.Yes, I had my hands full. Still is Michael just going to go for months or more without asking Shelby American are they done with the wreck yet? I had no idea how long Shelby would be in examining the car, it was a total and at that time I didn't have any idea of it(the wreck) being valuable, and in the bigger picture I had just lost my dad, my mother was a mess, a 6 year old half-sister, a drunken uncle and an air-head aunt. Pretty much on my own as a newly drafted male head of household.

Ok, you had a lot of bigger problems going on with family and planning on moving to another state than to think about the wreck at Shelby American. You say you didn't realize the wreck would be valuable. Being a competition car, you family could not make an insurance claim on it to recover the cost. If you did get the wreck back, you don't really want it in your driveway or garage to remind your distraught mother about the horrible crash. Realistically if you got the wreck back, and you have no clue it will some day be valuable and don't want it upsetting your mom, I suspect that you would most likely have sold it for scrap yourself and got the equivalent of a few hundred dollars in today's money. Anyway if you sold the car for scrap or Shelby sold it for scrap for being abandoned, does it really matter that someone else could purchase the wreck from the junk yard and own it and try to "restore" it?

There may or may not be some frame parts in the European car, but that car doesn't have a legitimate title. There is a title without any real parts from the wreck in California. I guess you could discredit the California car as just a replica if it gets finished. After all CompClassics doesn't want to touch that project he after researched it. He considers CSX2049 to no longer exist.

If you want a car, but lost the title back in 1964, I think the best that you will be able to do is build a nice replica of your father's car, but I don't think you have the time or the money to do that.

So at this point it seems that your focus is to get the registry to say your father owned the car. I don't know where you will be able to find any paper work to support that claim now. Perhaps your best bet would be to find one or more living Shelby American employees who remembers the abandoned wreck. Employees who remember the wreck being in the way and remember how Shelby's secretary and comptroller were repeatedly trying to contact Paul's widow about taking the wreck back. I don't know if any living employee will remember that, but maybe getting an affidavit from one or more Shelby employees to back up your story of Paul owning the car would be enough evidence for Ned?